ORR v. MINER


220 A.D.2d 567 (1995)

632 N.Y.S.2d 633

Carol Orr, Respondent, v. Katherine Miner, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 16, 1995


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff failed to establish that she sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The affirmations of the plaintiff's physician consisted of "conclusory assertions tailored to meet statutory requirements", and were thus insufficient to defeat summary judgment (Lopez v Senatore, 65 N.Y...

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